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Full-Text Articles in Law

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf Jan 1992

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.


Law And Literature: Representing Lesbians, Anne B. Goldstein Jan 1992

Law And Literature: Representing Lesbians, Anne B. Goldstein

Faculty Scholarship

What is involved in representing a lesbian in law or in literature? The premise of this Article is that the work of novelists is enough like the work of lawyers that useful insights can be drawn in at least one direction. That is, lawyers can learn how to represent lesbian clients better by studying books with lesbian characters.


The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein Jan 1992

The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein

Faculty Scholarship

This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes …